Kenneth W. Fernandez v. Budget Exteriors, Inc.

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PER CURIAM OPINION FILED - THE COURT: James B. Loken, Michael J. Melloy and Duane Benton (UNPUBLISHED) [4040845] [12-2909]

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 12-2909 ___________________________ Kenneth W. Fernandez lllllllllllllllllllll Plaintiff - Appellant v. Budget Exteriors, Inc. lllllllllllllllllllll Defendant - Appellee ____________ Appeal from United States District Court for the District of Minnesota - Minneapolis ____________ Submitted: April 5, 2013 Filed: May 31, 2013 [Unpublished] ____________ Before LOKEN, MELLOY, and BENTON, Circuit Judges. ____________ PER CURIAM. Appellate Case: 12-2909 Page: 1 Date Filed: 05/31/2013 Entry ID: 4040845 Kenneth W. Fernandez appeals the district court’s1 adverse grant of summary judgment in his employment-discrimination action. Upon careful de novo review, see Kincaid v. City of Omaha, 378 F.3d 799, 803 (8th Cir. 2004), we conclude that summary judgment was proper. The district court correctly concluded Fernandez's hostile work environment claims were untimely and that his retaliatory-discharge claim fails because Budget articulated legitimate, non-discriminatory reasons for his discharge, which Fernandez did not show were pretextual. Accordingly, we affirm the judgment. See 8th Cir. R. 47B. ______________________________ 1 The Honorable Jeffrey J. Keyes, United States Magistrate Judge for the District of Minnesota, to whom the case was referred for final disposition by consent of the parties pursuant to 28 U.S.C. § 636(c). -2- Appellate Case: 12-2909 Page: 2 Date Filed: 05/31/2013 Entry ID: 4040845

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